Title 4 Law Book - Arizona Department of Liquor Licenses and Control

A.R.S. §4-205.02. Restaurant license; issuance; regulatory provisions; expiration; definitions
A. The director may issue a restaurant license to any restaurant in this state that is regularly open for the
serving of food to guests for compensation and that has suitable kitchen facilities connected with the restaurant for
keeping, cooking and preparing foods required for ordinary meals.
B. The director shall issue the license in the name of the restaurant upon application for the license by the
owner or lessee of the restaurant, provided the applicant is otherwise qualified to hold a spirituous liquor license.
The holder of such license is subject to the penalties prescribed for any violation of the law relating to alcoholic
beverages.
C. The holder of a restaurant license may sell and serve spirituous liquors solely for consumption on the
licensed premises. For the purpose of this subsection, "licensed premises" may include rooms, areas or locations in
which the restaurant normally sells or serves spirituous liquors pursuant to regular operating procedures and
practices and that are contiguous to the restaurant or a noncontiguous patio pursuant to section 4-101, paragraph 26.
For the purposes of this subsection, a restaurant licensee must submit proof of tenancy or permission from the
landowner or lessor for all property to be included in the licensed premises.
D. In addition to other grounds prescribed in this title on which a license may be revoked, the director may
require the holder of a restaurant license issued pursuant to this section to surrender the license in any case in which
the licensee ceases to operate as a restaurant, as prescribed in subsection A of this section. The surrender of a
license pursuant to this subsection does not prevent the director from revoking the license for other grounds
prescribed in this title or for making deliberate material misrepresentations to the department regarding the licensee's
equipment, service or entertainment items or seating capacity in applying for the restaurant license.
E. Neither the director nor the board may initially issue a restaurant license if either finds that there is
sufficient evidence that the operation will not satisfy the criteria adopted by the director for issuing a restaurant
license described in section 4-209, subsection B, paragraph 12. The director shall issue a restaurant license only if
the applicant has submitted a plan for the operation of the restaurant. The plan shall be completed on forms
provided by the department and shall include listings of all restaurant equipment and service items, the restaurant
seating capacity and other information requested by the department to substantiate that the restaurant will operate in
compliance with this section.
F. The holder of the license described in section 4-209, subsection B, paragraph 12 who intends to alter the
seating capacity or dimensions of a restaurant facility shall notify the department in advance on forms provided by
the department.
G. Until January 1, 2015, the director may charge a fee for site inspections conducted before the issuance
of a restaurant license.
H. For the purposes of this section:
1. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed
premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to
this section or under any other license that has been issued for the premises pursuant to this article.
2. "Restaurant" means an establishment that derives at least forty per cent of its gross revenue from the sale
of food, including sales of food for consumption off the licensed premises if the amount of these sales included in
the calculation of gross revenue from the sale of food does not exceed fifteen per cent of all gross revenue of the
restaurant.
A.R.S. §4-205.03. Government license; issuance; regulatory provisions; agreements with coliseum
concessionaires; definitions
A. The department may issue a government license to any county, city, town, COMMUNITY
COLLEGE or state university OR NATIONAL GUARD or the Arizona exposition and state fair board ON
application authorized by the governing body of the county, city, town, COMMUNITY COLLEGE or state
university OR NATIONAL GUARD or the Arizona exposition and state fair board.
B. If the department decides to issue the license, it shall be issued in the name of the county, city, town,
COMMUNITY COLLEGE or state university OR NATIONAL GUARD or Arizona coliseum and exposition
center. No application shall be filed unless authorized by the respective governing body. The application shall
designate for each location a manager or other individual responsible for administering the license. The county,
city, town, COMMUNITY COLLEGE or state university OR NATIONAL GUARD or Arizona exposition and
state fair board shall give notice to the department within ten days of any change in the designee. The county, city,
town, COMMUNITY COLLEGE or state university OR NATIONAL GUARD or Arizona coliseum and
exposition center to which a license is issued is subject to the fine or penalty prescribed for any violation of the
statutes relating to alcoholic beverages.
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June 8, 2012